Council of the Law Society of NSW v Lyons [2013] NSWADT 253

Administrative Decisions Tribunal New South Wales Medium Neutral Citation: Council of the Law Society of NSW v Lyons [2013] NSWADT 253 Hearing dates: 31 October 2013 Decision date: 31 October 2013 Jurisdiction: Legal Services Division Before: M Chesterman, Deputy President J Wakefield, Judicial Member J Butlin, Non-judicial Member Decision: 1. The Respondent is guilty of unsatisfactory professional conduct on Ground 1 and on Ground 2. 2. The Respondent is reprimanded. 3. The Respondent is fined $2,000. 4. The Respondent is to pay the Applicant's costs as agreed or assessed. 5. The Complainant's claim for compensation is set down for directions at 10 a.m. on 4 December 2013. Catchwords: Solicitor - disciplinary application - failures to respond to correspondence from client - breach of Rule 8 of Revised Professional Conduct and Practice Rules Legislation Cited: Legal Profession Act 2004 Revised Professional Conduct and Practice Rules 1995 (Solicitors' Rules) Cases Cited: Council of the Law Society of NSW v Lyons [2012] NSWADT 166 Law Society of New South Wales v Carbone [2011] NSWADT 32 Category: Principal judgment Parties: Council of the Law Society of New South Wales (Applicant) James William Lyons (Respondent) Representation: L Pierotti (Applicant) No appearance (Respondent) File Number(s): 132012

reasons for decision

Introduction 1In an Application filed on 16 July 2013 and amended in a minor respect at the hearing of this matter, the Council of the Law Society of New South Wales ('the Law Society') alleged that the Respondent, James William Lyons ('the Solicitor'), had engaged in unsatisfactory professional conduct on two Grounds. 2In the Application, the Law Society sought orders that the Solicitor be reprimanded, that he pay a 'substantial fine' and that he pay the Society's costs as agreed or assessed. 3The Application contained a statement that the Complainant, Mrs Margaret Morton, 'seeks compensation the nature of which is to be advised'. 4In a Reply dated 26 July 2013 and filed on 30 July, the Solicitor admitted each of the two Grounds stated in the Application. In a letter of the same date to the Registrar, he confirmed this admission. In that letter, he also indicated that he had received the relevant documentation from the Law Society, that he was happy for the Tribunal to make a determination as to penalty, in chambers or at a hearing, and that he did not wish to appear or make submissions. 5The matter came before us for hearing on 1 November 2013. Mr Pierotti appeared for the Law Society. There was no appearance by or on behalf of the Solicitor. 6Mr Pierotti tendered an affidavit sworn on 17 June 2013 by Ms Anne-Marie Foord, solicitor for the Law Society. He addressed us briefly. 7We gave consideration to the admitted evidence, the Reply and associated correspondence received from the Solicitor and Mr Pierotti's submissions. We then made the following orders:- 1. The Respondent is guilty of unsatisfactory professional conduct on Ground 1 and on Ground 2. 2. The Respondent is reprimanded. 3. The Respondent is fined $2,000. 4. The Respondent is to pay the Applicant's costs as agreed or assessed. 5. The Complainant's claim for compensation is set down for directions at 10 a.m. on 4 December 2013. 8We indicated further that we would publish our reasons at a later date. The following paragraphs constitute those reasons.